End User License Agreement
IMPORTANT PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE AND
DOWNLOADING THE APPLICATION. IF YOU USE THE SITE OR THE APPLICATION YOU AGREE TO
EACH OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND
CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL OR USE THE
APPLICATION. YOUR OBLIGATIONS UNDER THIS AGREEMENT WILL BE SIGNIFIED BY USE OF
THE WORDS "YOU" OR "YOUR."
This EULA is a legal agreement between you and Bitberry Software, its
subsidiaries, affiliates and contractors acting on our behalf (collectively
"Bitberry Software", "us", "we", or "our") regarding your use of Free File
Converter ("The Application") available via www.freefileconverter.com (the
"Site"). Unless you have another written agreement with Bitberry Software
regarding the Application, you are agreeing that your use of this Application is
governed by this EULA. You are also agreeing to our Privacy Policy
(http://www.bitberry.com/privacy.html).
From time to time, we may in our sole discretion update or modify the EULA. The
most recent version of the EULA can be found at the Site. If you breach any term
in this Agreement, your right to use the Application will terminate
automatically.
1. Description of Services.
Free File Converter is a desktop application that allows you to copy video files
to hundreds of different file types. The Application: (i) allows you to convert
your video files to various mobile phone video formats; (ii) allows you to
convert your video files to various tablet computer video formats;(iii) allows
you to convert your video files to various PC video formats; (iv) allows you to
convert your video files to various game console video formats; (v) allows you
to convert your video files to various other formats.
The Application will not modify system settings upon installation. Video files
will be remain associated with your current video player software (if any).
2. Your Obligations.
You represent and warrants that (i) you are the owner or an authorized user of
the computer that the Application is installed on; (ii) you will use the
Application or the Site only for lawful purposes, and will comply at all times
with all applicable federal, state, and local laws and regulations; (iii) you
are at least thirteen years of age. Persons under thirteen years of age may not
use the Application or the Site.
3. Grant of a Limited Use License.
We hereby grant, and you hereby accept, a limited, non-exclusive license to
install the Application on computers owned by you or under your legitimate
control. You may use the Application solely for your personal use. Other than
the rights expressly granted hereunder, no other right is granted. You may not
rent, lease, sell, redistribute, sublicense or otherwise transfer the
Application. You will not remove, obscure, or alter any copyright, trademark,
logo, or other proprietary notices in the Application.
4. Distribution Restrictions.
The Application may be freely distributed, with the exceptions noted below,
provided that the distribution package IS NOT MODIFIED:
a) THE APPLICATION MAY NOT BE PACKAGED OR BUNDLED WITH ANY OTHER PRODUCTS
WITHOUT OUR WRITTEN PERMISSION.
b) THE APPLICATION MAY NOT BE SOLD INDIVIDUALLY OR BUNDLED WITH OTHER PRODCUTS
AND MAY NOT BE SOLD ON EBAY OR ANY OTHER SITE.
c) YOU MAY NOT CHARGE FOR DOWNLOADS OF THE SOFTWARE IF YOU LIST OR LINK TO IT
FROM YOUR SITE.
d) YOU MAY NOT HOST THE INSTALLER FILE ON YOUR OWN OR ANY OTHER SERVER. DOWNLOAD
LINKS MUST POINT TO OUR SITE UNLESS OTHERWISE AGREED.
5. Ownership.
You acknowledge and agree that Bitberry Software has all right, title, and
interest in and to the Application, including any intellectual property rights
therein, except for the third party libraries used (See "Third Party
Libraries"). The Application is protected by the copyright laws of the United
States, international treaties and conventions, and other laws. Except as
expressly stated herein, you have no intellectual property rights in the
Application (including without limitation any rights to use the trademarks,
trade names, servicemarks, logos, domain names, and other distinctive brand
features), and Bitberry Software reserves all rights not expressly granted to
you.
6. Delivery of Advertising.
By downloading the Application and the accessing the Site, you hereby grant us
permission to display promotional information, advertisements, and offers for
third party products or services (collectively "Advertising") during product
installation, within the product and on the Site. The Advertising may include,
without limitation, content, offers for products or services, data, links,
articles, graphic or video messages, text, software, graphics or other materials
or services. The timing, frequency and placement of the Advertising is
determined in our sole discretion. You further grant us permission to collect
and use certain aggregate information in accord with our Privacy Policy.
7. Warranty Disclaimer.
THE APPLICATION IS DELIVERED TO YOU "AS IS" AND WITH ALL FAULTS. BITBERRY
SOFTWARE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN
BY USING THE APPLICATION. BITBERRY SOFTWARE MAKES NO WARRANTIES, CONDITIONS,
REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW,
CUSTOM, USAGE OR OTHERWISE, AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT
TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT
YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
8. Limitation of Liability.
EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, IN NO
EVENT WILL BITBERRY SOFTWARE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS
WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, OR
INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF BITBERRY
SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS.
BITBERRY SOFTWARE'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS
AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE APPLICATION, IF ANY. BY
INSTALLING OR USING THE APPLICATION, YOU ACCEPT SOLE RESPONSIBILITY FOR ALL
CONSEQUENCES ARISING THEREFROM AND ACKNOWLEDGES THAT NO CLAIM WHATSOEVER WILL BE
MADE AGAINST US OR OUR LICENSORS, DISTRIBUTORS, AGENTS, EMPLOYEES OR AFFILIATES.
9. Third party advertisers.
We make no representations or warranties concerning third-party advertisers. You
agree that we are not responsible or liable for any loss or damage of any sort
incurred as the result of delivery or display of advertisements in the
Application or on the Site. WE ARE NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS
OF ANY THIRD-PARTY OR PARTNER SITE, PRODUCT OR SERVICE PRESENTED TO YOU. WE ARE
NOT RESPONSIBLE FOR DEALINGS BETWEEN YOU AND A PARTNER. YOU ARE RESPONSIBLE FOR
AND MUST CAREFULLY REVIEW EACH PARTNER OFFER, READ THEIR TERMS & CONDITIONS AND
PRIVACY POLICY BEFORE ACCEPTING IT.
10. Waiver of Claims and Indemnification.
By accessing or using our Site or downloading the Application, you forever waive
any and all claims you have or may have in the future against us. You shall
indemnify and hold us, our subsidiaries, officers, directors, attorneys,
employees, licensors and affiliates, harmless against any losses, claims,
damages, liabilities, penalties, actions, proceedings or judgments
(collectively, "Losses") to which an Indemnified Party may become subject, that
arise out of, or relate to: (i) your use or inability to use the Application;
(ii) any violation of this Agreement; (iii) any Third Party Software or offer;
(iv) Your infringement or misappropriation or alleged infringement or
misappropriation of any copyright, trademark, patent, trade secret or other
personal or proprietary right; or (v) any gross negligence or willful
misconduct. You shall reimburse us for all legal and other expenses, including
without limitation attorneys' fees incurred in connection with investigating,
defending or settling any claim or loss.
11. Termination.
This Agreement is effective until terminated. You may terminate the Agreement at
any time by irretrievably erasing, deleting, or destroying all copies of the
Application in your possession or control. Bitberry Software may terminate this
Agreement at any time for any reason or no reason. Upon termination for any
reason, the license granted herein will immediately terminate. Any terms of this
Agreement that would, by their nature, survive the expiration or termination of
this Agreement will survive.
12. Governing Law.
Except as otherwise set forth herein, this Agreement will be governed by, and
will be construed under, the laws of Denmark. You consent to exclusive
jurisdiction in the courts in Denmark for all disputes arising from this
Agreement. Notwithstanding the foregoing, either party may seek injunctive or
other equitable relief in any court of competent jurisdiction.
13. Third Party Libraries.
The files found in the FFmpeg folder after installing the Application are
copyrighted and licensed both seperately and individually.
The primary video converter engine used in the Application is FFmpeg
(http://ffmpeg.org) and related libraries. As the Application cannot be open
sourced due to other libraries used in the product, we are using a command line
version of FFmpeg (GPL).
Source code and license texts for all Open Source components we use are
available here: http://www.freefileconverter.com/source.html.
The following libraries are used for video conversion:
FFmpeg (GPL), lame-3.98.4 (LGPL v2), libgsm-1.0-pl13 (proprietary license),
libogg-1.2.2 (Public Domain), libtheora-1.1.1 (Public Domain), libvorbis-1.3.2
(Public Domain), opencore-amr-0.1.2 (Apache license) and SDL-1.2.13 (LGPL v2.1).
FFmpeg is licensed under GPL:
http://www.gnu.org/licenses/old-licenses/gpl-2.0.html
This Agreement applies only to the Application software itself and not to the
third party libraries. Note that the Application does not contain any part of
the above components in its compiled binaries.
14. Uninstalling the Application.
During the installation, the Application adds uninstall entries in both the
Windows Control Panel and in the Application's Start Menu folder.
Uninstalling using the Control Panel differs slightly depending on which version
of Windows you use.
Windows XP users: a) Click the Start Menu. b) Select Control Panel. c) Select
Add or Remove Programs. d.) Locate the Application in the "Currently Installed
Programs" list. e) Click Change/Remove.
Windows Vista and 7 users: a) Click the Start Menu. b) Select Control Panel. c)
Under the Programs heading, click "Uninstall a program". d) Locate the
Application in the "Programs and Features" list. e) Click Uninstall.
Or simply click the Start button -> All Programs -> FreeFileConverter ->
Uninstall.
15. Miscellaneous.
This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof and supersedes any prior oral or written
agreements, provided. If any provision of this Agreement is found to be
unenforceable, that provision will be severed and the remainder of the Agreement
shall be given full force and effect. Waiver by either party of any term or
condition of this Agreement or any breach thereof, in any one instance, will not
waive such term or condition or any subsequent breach thereof. Except as
otherwise required by law, the controlling language of this Agreement is
English. This Agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns. You are not permitted to
assign this Agreement, and any unpermitted assignment will be void.
This Agreement, the Application, and the Site may contain typographical errors
or other errors or inaccuracies. We reserve the right to correct any errors,
inaccuracies or omissions and to change or update this Agreement, the
Application or the Site at any time without prior notice. We do not however,
guarantee that any errors, inaccuracies or omissions will be corrected.
16. Questions or Additional Information.
If you have any questions regarding this Agreement or wish to obtain additional
information, you can contact us by writing to:
Bitberry Software ApS
Bysoestraede 2B, st.
DK-4300 Holbaek
Denmark
Alternatively, if you would like to contact us via e-mail, please send a message
to support@bitberry.com.
Last Updated February 21, 2012